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Tuesday, 12 September 2023] No 117—2023] FIFTH SESSION, SIXTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA _____________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS _____________________ TUESDAY, 12 SEPTEMBER 2023 _____________________ TABLE OF CONTENTS ANNOUNCEMENTS National Assembly 1.

Referral to Committees of papers tabled .......................................................................... 2 National Council of Provinces 1.
Referral to Committees of papers tabled .......................................................................... 3 TABLINGS National Assembly and National Council of Provinces 1.

Minister of Communications and Digital Technologies .................................................. 3 2.

Minister of Justice and Correctional Services .................................................................. 3 COMMITTEE REPORTS 1 National Assembly 1.
Justice and Correctional Services ..................................................................................... 4 2.

Justice and Correctional Services ..................................................................................... 7 3.

Communications and Digital Technologies ................................................................... 10 4.

Home Affairs .................................................................................................................. 12 5.
Home Affairs .................................................................................................................. 14 ANNOUNCEMENTS National Assembly The Speaker 1.

Referral to Committees of papers tabled (1) The following papers are referred to the Portfolio Committee on Forestry, Fisheries and the Environment for consideration and report.
Reports of the Auditor-General on the Financial Statements and Performance Information are referred to the Standing Committee on Public Accounts for consideration: (a) Report and Financial Statements of Vote 32 – Department of Forestry, Fisheries and Environment for 2022-23, including the Report of the Auditor- General on the Financial Statements and Performance Information of Vote 32 for 2022-23.
(b) Report and Financial Statements of the South African National Parks (SANParks) for 2022-23, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2022-23.

(c) Report and Financial Statements of the Marine Living Resources Fund for 2022-23, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2022-23.
(d) Report and Financial Statements of the South African National Biodiversity Institute (SANBI) for 2022-23, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2022-23.

National Council of Provinces The Chairperson 1.


Referral to Committees of papers tabled 2 (1) The following papers are referred to the Select Committee on Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements for consideration: (a) African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development.

TABLINGS National Assembly and National Council of Provinces 1.

The Minister of Communications and Digital Technologies (a) Corporate Plan of the South African Broadcasting Corporation for 2023/24 – 2025/26.

2.
2.

The Minister of Justice and Correctional Services (a) Government Notice No R. 3690, published in Government Gazette No 49010, dated 21 July 2023: Amendment of Regulations pertaining to Judges’ Conditions of Employment: Judges’ leave, in terms of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001).
(b) Government Notice No R. 3691, published in Government Gazette No 49010, dated 21 July 2023: Amendment of Regulations pertaining to Judges’ Conditions of Employment: Judges’ allowances, in terms of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001).

COMMITTEE REPORTS National Assembly 3 1.


Report of the Portfolio Committee on Justice and Correctional Services on the Judicial Matters Amendment Bill [B 7 – 2023], dated 8 September 2023 The Portfolio Committee on Justice and Correctional Services, having considered the Judicial Matters Amendment Bill [B 7 – 2023]] (National Assembly – section 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with amendments [B7A – 2023].
The Committee reports further: 1.

The Bill was introduced on 30 March 2023 and referred to the Committee for consideration and report.

2.

In response to the call for public comment, the Committee received eight (8) written submissions, three of which were from the Women’s Legal Centre addressing different aspects of the Bill: • Media Monitoring Africa.

• Law Society of South Africa (LSSA).

• African Criminal Justice Reform.

• Women’s Legal Centre.

• Adv J Prinsloo, SC.

3.


The Bill proposes to amend numerous Acts administered by the Department of Justice and Constitutional Development.

The proposed amendments are intended to address practical and technical issues of a non-contentious nature.

4.

The Bill proposes amendments to the following Acts: • Magistrates’ Courts Act, 1944 (Act No.

32 of 1944).

• Administration of Estates Act, 1965 (Act No.

66 of 1965).

• Criminal Procedure Act, 1977 (Act No.

51 of 1977).
51 of 1977).

• Matrimonial Property Act, 1984 (Act No.

88 of 1984).

• Sheriffs Act, 1986 (Act No.

90 of 1986).

1 4 • Intestate Succession Act, 1987 (Act No.

81 of 1987).

• Maintenance of Surviving Spouses Act, 1990 (Act No.

27 of 1990).

• National Prosecuting Authority Act, 1998 (Act No.

32 of 1998).

• Debt Collectors Act, 1998 (Act No.

114 of 1998).

• Domestic Violence Act, 1998 (Act No.

116 of 1998).

• Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No.
4 of 2000).

• Protected Disclosures Act, 2017 (Act No.

5 of 2017).

• Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No.

47 of 2001).

• Prevention and Combating of Corrupt Activities Act, 2004 (Act No.

12 of 2004).

• Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No.

32 of 2007).

• Superior Courts Act, 2013 (Act No.

10 of 2013).

• South African Human Rights Commission Act, 2013 (Act No.

40 of 2013).

• Legal Aid Board Act, 2014 (Act No.

39 of 2014).


• International Arbitration Act, 2017 (Act No.15 of 2017).

5.

The Bill also proposes to repeal the common law crime of defamation.

However, the proposed amendment does not affect civil liability under the common law in the case of defamation.

6.
6.

The Committee particularly welcomes the insertion of new sections 57B, 57C and 57D into the Criminal Procedure Act, 1977, as these provisions will assist to clear the names of those who earned criminal records after having paid admission of guilt fines for breaching Covid-19 lockdown regulations.

Specifically: 6.1.
Specifically: 6.1.

Section 57B proposes that the Minister may declare that certain categories of offences do not result in previous conviction against the accused and provides for the expungement of minor offences, as well as certain offences committed in terms of the Disaster Management Act, 2002 (Act No.

57 of 2002); and 2 5 6.2.


The proposed new section 57C seeks to provide for the expungement of the criminal records of persons whose names appear in the records of the Criminal Record Centre of the South African Police Service after having paid admission of guilt fine for offences.

The objective of the amendment is to also provide for automatic expungement of the criminal record.

Report for consideration 3 6 2.
INTERIM REPORT OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES ON THE CANNABIS FOR PRIVATE PURPOSES BILL [B 19 - 2020] (NATIONAL ASSEMBLY – SEC 75), DATED 12 SEPTEMBER 2023 The Portfolio Committee on Justice and Correctional Services (“the Committee”), having considered the Cannabis for Private Purposes Bill [B 19 - 2020] (“the Bill”), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports in the interim as follows: 1.
In Minister for Justice and Constitutional Development and Others v Prince 2018 (6) SA 393 (CC) (“Prince judgment”), the Constitutional Court declared the following legislative provisions unconstitutional, as they amount to an impermissible limitation of the right to privacy: 1.1.
Section 4(b) (possession) and section 5(b) (dealing on the basis of cultivation) of the Drugs and Drugs Trafficking Act 140 of 1992 (the Drugs Act), read with Part III of Schedule 2 of that Act; and 1.2. section 22A(9)(a)(i) of the Medicines and Related Substances Control Act, read with Schedule 7 of Government Notice No.

R 509 of 2003.

2.

The Court suspended the order of invalidity for 24 months for Parliament to correct the constitutional defects by 17 September 2020.
The Court provided a reading-in provision that ensures that an adult will not be guilty of a criminal offence if they use, possess, or cultivate cannabis for their personal consumption in private, which continues to apply.

3.

On 1 September 2020, the Bill was introduced and referred to the Committee for consideration and report.

7 4.
7 4.

The Bill was introduced with the intent to address only the Prince judgment, which broadly focussed on considerations relating to the right of privacy as far as the use of cannabis by adults for private purpose.

Due to the complexity of the subject matter, the Committee has already facilitated extensive public consultation processes and deliberations with numerous stakeholders.

5.
5.

The Bill as tabled and deliberated on by the Committee up until its meeting of 12 September 2023 did not look beyond the adult-centred focus to consider the best interest of children found in possession of cannabis and processed, and as such did not consider cannabis related issues in relation to children within the criminal justice system.

6.
6.

Such processing of children within the criminal justice system in relation to cannabis offences was found unconstitutional in in Centre for Child Law v Director of Public Prosecutions, Johannesburg and Others [2022] ZACC 35 (Centre for Child Law judgment): 6.1.
On 29 September 2022, the Constitutional Court, in Centre for Child Law judgment, confirmed the order of the High Court, which declared section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 to be inconsistent with the Constitution and invalid to the extent that it criminalises the use and/or possession of cannabis by a child.

6.2.
6.2.

The Constitutional Court suspended the operation of the order of constitutional invalidity for a period of 24 months for Parliament to finalise the legislative reform process.

The date by which the defect must be corrected by Parliament is 28 September 2024.

7.

Up until recently, the Committee was working under the impression that— 7.1.
The focus of the Prince judgement was the right to privacy and that of the Centre for Child Law judgment was the best interest of the child, and that these two cannabis-related judgments were not to be simultaneously 8 considered for legislative processing purposes due to the differing areas of focus; and 7.2. compliance with the Constitutional Court order in the Centre for Child Law judgment (with the unconstitutionality order being suspended until 29 September 2024) would be in terms of draft legislation (other than the Cannabis for Private Purposes Bill), which draft legislation was expected to be tabled by 30 September 2023.
8.

Following recent communications from the Department of Justice and Constitutional Development in response to a National Assembly Programming Committee question regarding legislative compliance with pending Constitutional Court orders, it became apparent that the position had shifted to now regard the Bill currently before the Committee as the legislative vehicle with which to address both the Prince judgment and the Centre for Child Law judgment.

9.
9.

Previous deliberations and public submissions called for by the Committee on the Bill have been limited to the Prince judgment context and considerations only.
To now accommodate the Centre for Child Law judgment in the Bill, the Committee would need to extend the scope of the Bill as tabled and call for public comment to ensure compliance with all procedural requirements in the processing of the Bill: To comply with the Centre for Child Law judgment the extended focus of the Bill will have to consider the processing of children outside of the criminal justice system by making allowance of alternative social or civil interventions in response to children apprehended for use or possession of cannabis.
10.

Therefore, in terms of Rule 286(4)(b) of the National Assembly Rules, the Committee seeks the Assembly’s permission to extend the subject of the Bill to address issues relating to the best interest of the child (in compliance with the Centre for Child Law judgment) in addition to the privacy right protection reflected in the Bill in relation to the private use, possession and cultivation of cannabis by adults in a private space (in compliance with the Prince judgment).

Report to be considered.

9 3.
Report of the Portfolio Committee on Communications and Digital Technologies on the Draft Notice Determining the Remuneration of Councillors of the Independent Communications Authority of South Africa (ICASA), dated 12 September 2023 The Portfolio Committee on Communications and Digital Technologies, having considered the draft notice of the President’s determination of the salaries and allowances of members of various institutions, including Councillors of the Independent Communications Authority of South Africa (ICASA) on 08 August 2023, reports as follows: 1.
In terms of section 10((1)(a) of the Independent Communications Authority of South Africa Act, 1996 (Act No.

13 of 2000), the President has the prerogative to determine that the salaries of and allowances of the Chairperson and Councillors of the Independent Communications Authority of South Africa.

2.
2.

A letter, dated 08 August 2023, was received from the President of the Republic, requesting the Assembly to consider the draft notice of his determination of the salaries and allowances of members of various institutions, including Councillors of the Independent Communications Authority of South Africa and in terms of the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No.

22 of 2014).

3.
22 of 2014).

3.

In the letter, it is stated that the Independent Commission for the Remuneration of Public Office Bearers (the Commission), and as defined in the Determination of Remuneration of Office Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014, recommended 3.8 per cent salary increment for all categories of public office bearers including members of the Independent Constitutional Institutions such as ICASA for the financial year 2022/2023.

4.
4.

Furthermore, the President of the Republic, having considered the Commission’s recommendations and the serious economic challenges facing the country, the President determined a 3 per cent salary increment for all categories of public office bearers, including members of the Independent Constitutional Institutions for the financial year 2022/2023.

5.
5.

On 18 August 2023, the matter was referred to the Committee for consideration and report on the Draft notice determining the rate, with effect from 1 April 2022, at which salaries, allowances 10 and benefits are payable to the Chairperson and other Councilors of the Independent Communications Authority of South Africa, in terms of the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No.

22 of 2014).

4.
22 of 2014).

4.

The Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No.

22 of 2014), which came into operation on 1 April 2019, creates the necessary framework to determine the salaries of office-bearers of Chapter 9 institutions mentioned in the Constitution.

5.

Section 10 of the Independent Communications Authority of South Africa Act No.
13 of 2000 dictates that: Salary, allowances and benefits of councillors of Council: — (1) The chairperson and other councillors are entitled to the salary, allowances and benefits— (a) as determined by the President, from time to time, by notice in the Gazette, after taking into consideration the recommendations of the Independent Commission; and (b) approved by the National Assembly in terms of subsection (5).

6.
6.

The proposed remuneration levels with effect 1 April 2022 of ICASA as follows: a) As per the Independent Commission recommendation for a 3 per cent salary increment for ICASA Council for the financial year 2022/2023.
Recommendation The Committee, having concurred with the President’s determination on the remuneration adjustment of ICASA Councillors, supports a salary increment of 3 per cent for the Chairperson and other Councillors in consideration of the serious economic challenges facing the country and duly recommends that the National Assembly approve the Draft Notice determining the remuneration of Councillors of ICASA.

Report to be considered 2 11 4.


Report of the Portfolio Committee on Home Affairs on the draft notice determining the remuneration of Commissioners of the Electoral Commission of South Africa (IEC) for 2022/2023, dated 12 September 2023.
The Portfolio Committee on Home Affairs, having considered the draft notice of the President’s determination of the salaries and allowances of members of various institutions, including Commissioners of the Electoral Commission of South Africa (IEC), reports as follows: 1.
A letter, dated 8 August 2023, was received from the President of the Republic, requesting the National Assembly to consider the draft notice of determination of the salaries and allowances of members of various institutions, including the Commissioners of the Electoral Commission (IEC) in terms of the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No.

22 of 2014) for 2022/2023, usually required by the end of the financial year.

2.
2.

On 18 August 2023, the matter was referred to the Committee for consideration and report.

3.

Section 219(5) of the Constitution of the Republic of South Africa, 1996, provides that national legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution, including the Electoral Commission referred to in section 192 of the Constitution.

4.
4.

The Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No.

22 of 2014), which came into operation on 1 April 2019, creates the necessary framework to determine the salaries of office-bearers of Chapter 9 institutions mentioned in the Constitution.

5.
5.

Section 7 (2) of the Electoral Act 73 of 1998 provides that the conditions of service, remuneration, allowances and other benefits of Commissioners shall from time to time be determined by the President after consultation with the Commission on Remuneration of Representatives established by section 2 of the Commission on the Remuneration of Representatives Act, 1994 (Act 37 of 1994), and a distinction may be made between commissioners appointed in a full-time and part-time capacity.

12 6.
12 6.

The President received the annual salary recommendations for the Public Office-Bearers of the Independent Constitutional Institutions from the Independent Commission for the Remuneration of Public Office Bearers.

7.

The Commission recommended a 3.8% salary increment for all categories of public officer bearers including members of the Independent Constitutional Institutions for the financial year 2022/2023.

8.
8.

The President considered the Commission’s recommendations and serious economic challenges facing the country and decided on a 3% salary increment for all members of the Independent Constitutional Institutions.

9.

The one part-time IEC Commissioner is a Judge and as such is remunerated in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act 2001, (Act No 47 of 2001).

Recommendation.
Recommendation.

The Committee, having deliberated, concur with the President’s determination on the remuneration adjustment of IEC Commissioners, that a retrospective salary increase of 3% be implemented for the Chairperson and other full-time Commissioners given their salary level for the 2022/2023 financial year.

This equates to a total remuneration of R2 573 782 for the Chairperson of the IEC and R2 240 835 for full-time Commissioners.
A part–time Commissioner will be renumerated a daily rate or hourly sitting rate calculated on the basic salary of the judge of the High Court.

The Committee recommends that the National Assembly approve the notice determining the remuneration of the Commissioners of the Electoral Commission of South Africa (IEC).

Report to be considered.

2 13 5.

Report of the Portfolio Committee on Home Affairs on the Filling of a Vacancy in the Electoral Commission of South Africa (IEC), dated 12 September 2023.
The Portfolio Committee on Home Affairs (the Committee), having considered a request to the National Assembly by the Chief Justice of the Republic of South Africa, Chief Justice Zondo, to nominate suitable candidates to fill a vacancy in the IEC, reports as follows: Interviews of publically submitted candidates were conducted by a panel established in terms of section 6(3) of the Electoral Commission Act, 1996 (No 51 of 1996) and comprising the Chief Justice (Chairperson), the Chairperson of the South African Human Rights Commission, the Chairperson of the Commission for Gender Equality and the Public Protector.
Subsequently, the Chief Justice submitted a shortlist of eight candidates and their curricula vitae to the National Assembly for consideration to fill a vacancy in the Electoral Commission of South Africa.

The matter of the Electoral Commission vacancy was referred to the Portfolio Committee on 27 July 2023 for consideration and report (see Announcements, Tablings and Committee Reports, No 97 - 2023, page 2).
The Chairperson of the Portfolio Committee on Home Affairs tabled the letter to the Committee on 29 August 2023 to ensure that Committee members consult with their political parties.

On 12 September 2023, the Committee finalised the deliberations and adopted the report with the name of the recommended candidate to the National Assembly.

Following its deliberations, the Committee recommends that the House approve the nomination of Ms JY Love for the appointment to fill a vacancy in the IEC.
Report to be considered.

14